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C&P exam

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I actually found my C&P exam on va.gov.  First time I've ever seen one in my medical records. This one was done at a VAMC. I don't think the contracted ones show up in there. It took 30 days to show up in there but at least I didn't have to file a FOIA to get it. 

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On 4/18/2022 at 1:18 PM, pacmanx1 said:

 I think it normally takes around 6 to 8 weeks but for whatever reason it seems that the VARO won't release the contract C & P exams until after they make their decision. I requested a copy of my last two LHI C & P exams and I finally made an appointment to go to the local VARO and they handed me a copy of the exams, but they completely ignored the examiners medical opinions. It seems they knew that I would disagree with their decisions and file an appeal. I am currently waiting on my BVA decisions. 

The VA won't post it for 30 days.  Which makes no sense to me unless they are hiding something, or just trying to make it as difficult as possible for veterans to get appeals done in a timely manner.

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56 minutes ago, AF SP said:

The VA won't post it for 30 days.  Which makes no sense to me unless they are hiding something, or just trying to make it as difficult as possible for veterans to get appeals done in a timely manner.

It only makes sense to the RO's. In the past, when a veteran had a C & P exam at the VAMC, the veteran could request a copy through the ROI (RELEASE OF INFORMATION) Office before the veteran left and get a copy as soon as it was signed. I got copies of several VAMC C & P exams and prior to the RO rating my claims, I had already had a separate medical opinion that contradicted their C & P examiner’s medical opinion. This forced the RO to grant my claims instead of denying them.

Now the RO's holds on to the contract C & P examiner’s medical opinions to focus on their narratives and they do not give the veteran a chance to disagree with their medical opinion forcing the veteran to file an appeal which takes a lot longer. For whatever reason veterans have to force positive evidence down the RO’s throat to get them to acknowledge it. As stated before, it appears that the RO’s takes so long in making a decision because it seems they are looking for ways to deny the claim and it takes the BVA so long because they are looking for ways to grant the claim or at least remand it for a better decision.  

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Unfortunately, It is almost impossible to get a copy of exams conducted by contractors. I am still waiting on some copies that were requested 1 or 2 days after the exam took place , in some cases that has been 2 years ago. Even 2nd and 3rd request do not help. Its as if the request are being ignored. I remember the days when you could go on line a day or two after an exam and it would be available in the medical record. I don't really understand why they are not making them immediately available to the veteran if the exam was taken at the VA Mediocal Center, or elsewhere. Its as if they are afraid we will find out the results before we receive the decision.

 But some decisions are talking much longer than 30 days, so that can't be the reason, can it? I know for me, when I receive a denial, the first thing I want to look at is the exam report. Sometimes it can be very apparent that the examiner did not do the job, contracted or otherwise, as I have seen this on both sides of the fence.

My left knee was recently examined again because of a faulty exam by the original examiner who is in fact a VA employer. Iranically, that examiner did the exam for my right knee as well and in that case I received an increase. Maybe she had a bad day.

The recent examiner asked me why they had requested an exam again. The lady that had done the first exam was in the next office over, and I did see her that day. I found it hard to tell her that her co-worker screwed up with the exam. Instead I told her I had was not happy with the way the denial was worded.

 In any case truthfully the first examiner did a better exam than did the second examiner. At least the first examiner actually looked at and touched my knee absent my clothing. ( just rolled up paints leg) The second examiner felt my knee thru my pants leg and forced my knee into an 80 degree position, so that alone is grounds for a new appeal. 

Unfornatually, I have to wait at least 30 days to see the exam before I can perfect an appeal.  Both of my knee exams took place at the local VA medical Center.

As far as getting a copy of a contractor's exam within a reasonable period of time,  I jusy don't have the answer, its as if the regional offices just don't care.

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